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The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288. To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall ...
A regulation is a legal act of the European Union [1] which becomes immediately enforceable as law in all member states simultaneously. [ 2 ] [ 3 ] Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law .
Direct applicability is a concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty). [1]
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions. [1] Regulations and directives can be either legislative or non-legislative acts.
The directives of the European Union do not focus on or contain comprehensive regulation of the entire law. The directives regulate some very specific issues and they regulate them only for particular situations or circumstances and only for particular types of parties. This is most prevalent in European Union contract law. [4]
The right to an effective remedy is a general principle of EU law, enshrined in the Charter of Fundamental Rights article 47. Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to the practices of the member state. [128]
Directives occur when a decision at an EU level is used to direct member state governments on what to do. Directives specify the results to be achieved and the deadline within which to achieve them, but form and methods of implementation are left at the discretion of member states.
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the principle of direct effect , which, under certain conditions, allows individuals to invoke the EU law ...